Common use of First Merger and Second Merger Clause in Contracts

First Merger and Second Merger. Upon the terms of and subject to the conditions set forth in this Agreement, and in accordance with the CGCL, at the Effective Time, First Merger Sub shall be merged with and into the Company. As a result of such Merger, the separate corporate existence of First Merger Sub shall cease, and the Company shall continue as the surviving corporation of the Merger (the “First Step Surviving Corporation”) and a wholly owned Subsidiary of Parent. Upon the terms and subject to the conditions set forth herein, at the Second Effective Time, the First Step Surviving Corporation shall merge with and into Second Merger Sub, the separate corporate existence of the First Step Surviving Corporation shall cease and Second Merger Sub shall continue as the surviving entity (sometimes referred to herein as the “Final Surviving Company”).

First Merger and Second Merger. Upon the terms of and subject to the conditions set forth in this Agreement, and in accordance with the CGCLDGCL, at the Effective Time, First Merger Sub I shall be merged with and into the Company. As a result of such Merger, the separate corporate existence of First Merger Sub I shall cease, and the Company shall continue as the surviving corporation of the Merger (the “First Step Surviving Corporation”) and a wholly owned Subsidiary subsidiary of Parent. Upon the terms and subject to the conditions set forth herein, at the Second Effective Time, the First Step Surviving Corporation shall merge with and into Second Merger SubSub II, the separate corporate existence of the First Step Surviving Corporation shall cease and Second Merger Sub II shall continue as the surviving entity (sometimes referred to herein as the “Final Surviving CompanyEntity”).

First Merger and Second Merger. Upon the terms of and subject to the conditions set forth in this Agreement, and in accordance with the CGCLDGCL, at the Effective Time, First Merger Sub shall be merged with and into the Company. As a result of such Merger, the separate corporate existence of First Merger Sub shall cease, and the Company shall continue as the surviving corporation of the Merger (the “First Step Surviving Corporation”) and a wholly owned Subsidiary of Parent. Upon the terms and subject to the conditions set forth herein, at the Second Effective Time, the First Step Surviving Corporation shall merge with and into Second Merger Sub, the separate corporate existence of the First Step Surviving Corporation shall cease and Second Merger Sub shall continue as the surviving entity (sometimes referred to herein as the “Final Surviving Company”).

First Merger and Second Merger. Upon the terms of and subject to the conditions set forth in this Agreement, and in accordance with the CGCLherein, at the Effective Time, First Merger Sub I shall be merged with and into the Company. As a result of such Merger, the separate corporate existence of First Merger Sub shall cease, and the separate existence of Merger Sub I shall cease. The Company shall will continue as the surviving corporation of in the First Merger (sometimes referred to herein as the “First Step Surviving Corporation”) and as a direct, wholly owned Subsidiary subsidiary of ParentAcquirer. Upon the terms and subject to the conditions set forth herein, at the Second Effective Time, the First Step Surviving Corporation shall merge with and into Second Merger SubSub II, the separate corporate existence of the First Step Surviving Corporation shall cease and Second Merger Sub II shall continue as the surviving entity (sometimes referred to herein as the “Final Surviving CompanyEntity”).

First Merger and Second Merger. Upon the terms of and subject to the conditions set forth in this Agreement, and in accordance with the CGCLherein, at the Effective Time, First Merger Sub I shall be merged with and into the Company. As a result of such Merger, the separate corporate existence of First Merger Sub shall cease, and the separate existence of Merger Sub I shall cease. The Company shall will continue as the surviving corporation of in the First Merger (sometimes referred to herein as the “First Step Surviving Corporation”) and as a wholly owned Subsidiary subsidiary of ParentAcquirer. Upon the terms and subject to the conditions set forth herein, at the Second Effective TimeTime (as defined below), the First Step Surviving Corporation shall merge with and into Second Merger SubSub II, the separate corporate existence of the First Step Surviving Corporation shall cease and Second Merger Sub II shall continue as the surviving entity (sometimes referred to herein as the “Final Surviving CompanyEntity”).

First Merger and Second Merger. Upon the terms of and subject to the conditions set forth in this Agreement, and in accordance with the CGCLCCC, at the Effective Time, First Merger Sub I shall be merged with and into the Company. As a result of such Merger, the separate corporate existence of First Merger Sub I shall cease, and the Company shall continue as the surviving corporation of the Merger (the “First Step Surviving Corporation”) and a direct wholly owned Subsidiary subsidiary of ParentBuyer. Upon the terms and subject to the conditions set forth herein, at the Second Effective Time, the First Step Surviving Corporation shall merge with and into Second Merger SubSub II, the separate corporate existence of the First Step Surviving Corporation shall cease and Second Merger Sub II shall continue as the surviving entity (sometimes referred to herein as the “Final Surviving CompanyEntity”).

First Merger and Second Merger. Upon the terms of and subject to the conditions set forth in this Agreement, and in accordance with the CGCLherein, at the Effective Time, First Merger Sub I shall be merged with and into the Company. As a result of such Merger, the separate corporate existence of First Merger Sub shall cease, and the separate existence of Merger Sub I shall cease. The Company shall will continue as the surviving corporation of entity in the First Merger (sometimes referred to herein as the “First Step Surviving CorporationCompany”) and as a wholly owned Subsidiary subsidiary of ParentAcquirer. Upon the terms and subject to the conditions set forth herein, at the Second Effective Time, the First Step Surviving Corporation Company shall merge be merged with and into Second Merger SubSub II, and the separate corporate existence of the First Step Surviving Corporation Company shall cease and Second cease. Merger Sub shall II will continue as the surviving entity in the Second Merger (sometimes referred to herein as the “Final Surviving CompanyEntity”).

First Merger and Second Merger. Upon the terms of and subject to the conditions set forth in this Agreement, and in accordance with the CGCLherein, at the Effective Time, First Merger Sub I shall be merged with and into the Company. As a result of such Merger, and the separate corporate existence of First Merger Sub I shall cease, cease and the Company shall continue become a wholly owned subsidiary of Acquirer (sometimes referred to herein as the surviving corporation of the Merger (the “First Step Surviving Corporation”) and a wholly owned Subsidiary of Parent). Upon the terms and subject to the conditions set forth herein, at the Second Effective Time, the First Step Surviving Corporation shall merge with and into Second Merger SubSub II, the separate corporate existence of the First Step Surviving Corporation shall cease and Second Merger Sub II shall continue as the surviving entity (sometimes referred to herein as the “Final Surviving CompanyEntity”).